Amarjit Singh And Another vs State Of Punjab And Another
2024 Latest Caselaw 20405 P&H

Punjab-Haryana High Court

Amarjit Singh And Another vs State Of Punjab And Another on 18 November, 2024

                                        Neutral Citation No:=2024:PHHC:151684



CRM-M-48425-2024(O&M)
                                  1




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

283                                             CRM-M-48425-2024(O&M)
                                                Date of Decision: 18.11.2024


AMARJIT SINGH AND ANOTHER                             ....Petitioners

                                      VERSUS

STATE OF PUNJAB AND ANOTHER                           ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Meher Sachdev, Advocate for the petitioners.
              (through video conferencing mode)

              Mr. Rubal Pawar, AAG, Punjab.

              Mr. Om Malhan, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.48 dated

12.03.2003 under Sections 420, 120-B of IPC registered at Police Station

Mukerian, District Hoshiarpur and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 07.08.2024 (Annexure P-2).

2. This Court vide order dated 27.09.2024 had directed the parties

to appear before the trial Court to get their statements recorded and the

learned Magistrate was directed to send its report qua the genuineness of the

compromise.

3. Pursuant to the aforesaid order, parties have appeared before the

learned Sub-Divisional Judicial Magistrate, Mukerian and got their

statements recorded. On the basis of the statements so recorded, learned

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Neutral Citation No:=2024:PHHC:151684

CRM-M-48425-2024(O&M)

Magistrate has submitted report dated 07.10.2024 to the effect that the

compromise has been effected between the parties voluntarily and without

any coercion or undue influence.

4. Learned State counsel as well as counsel for respondent No.2

have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

6. Following the principles laid down by the Full Bench judgment

of this Court in Kulwinder Singh and others Versus State of Punjab and

another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble

Supreme Court in Gian Singh Versus State of Punjab and others (2012)

10 SCC 303, this petition is allowed and FIR No.48 dated 12.03.2003 under

Sections 420, 120-B of IPC registered at Police Station Mukerian, District

Hoshiarpur and all subsequent proceedings arising therefrom on the basis of

compromise dated 07.08.2024 (Annexure P-2) are quashed qua the

petitioners.

( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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